Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-09-23
GREER COUNTY.
Attorney General Hogg In Reply to
Questions by Commissioner Hall of
the General Land Office
Greer County Can bs Surveyed, the School
Lands Designated and Sold or Leased
by the State,
ATTORNEY GENERALS OFFICE. }
AUSTIN. TFN. sent. 70 -

! W b-NC- Guy ~ 4Ct-SL VI Inc : Il IuSt 4,
/ you ask: l. Is tne Commissioner Of tue
/ General Land Ofi?e authorized TO have
said lands surveyed? .. Is he author
lied TO designate the school lands in said
county? 3. Is ne authorized to sell said
schoCl.lGrGs? (. Is be authorized to lease
any or all Of the lands in said county?
By reason Of the complex condition Of
the laws Of Texas bearing on these seve-
raj questions they must oe answered by
the aid OF rules Of construction and 70
! some extent cut of consideration Of the
principles Of public policy involved in the
urject matter.
BY chapter xix, page 1G, General Laws
Of Texas, passed February %, 1879, it
vas enacted, "Tha! I'll the vacant and
uuappropriated public domain embraced
in tins territorial limits Of the county Of
! Greer, be, and the same IS hereby appr1-
/ priated, one-hslf thereof for public free
ecaV0ls for the education Of children IN
Texas, sud tie other half for
the payment Of the state debt" And that
'sai1 Iands shall De surveyed and dis
posed OF tor the purpose OF carrying cut
the provisions CT this set in such mSnnner
IS m>y hereafter be provided by law"
The reservation ii TINS act, therefore,
| includes the whole of Greer county, for
al lie IsLds in Il when the iaw was pc sea
were public, vScan! end unappropfIated.
! AIaiyzcd, THE law simply means thaL tle
lands II that county can only be applied
in equal portions for educational PURPOSES
ana for the payment Of the public de9t,
Leaving the manner by which this may be
done 10 subsequent legislation. That this
no - S+,rtT 4
| poses could not be thwarteG or i1:ringed
even by the comDiUed seton OF the tx
eCutjye alG the heed Of the Land De3arl-
men., mas been well settled (D1y Land
and Cattle Co. vs.. The STATE, S. ~. Rsp.,
| Vol. 4, No. Il, p. 8G5
| Now, then, has there been any lCgisia-
ton in any way affecting or providing for
the disposition # .hCse lands so % to
carry cut the purposes Of their Ie5orga
ton?
The acts of April u, 1888, p. So, and
the lane law passed by the last Legisla-
ture, General Laws 1887, p. So, contain
the only provisions that appear to bear
Intentionally or ef1ctually upon this sub
! jeCt. The former was $50 provide cor
/ the classification, sale, and lease Of the
lands set apart for the benefit
/ of the common school, University, the
/ Luu6tiC, Z ind, Deaf aUd Dumb, ana Or
! phau Asylum funds" 1t crested me
estate Land Board" snd vested it VITA
apd limited it TO the power Of managing,
I protecting, leasing, aIdzselling the lanCs
! appropriated for these special purposes
! BY none Of its express provisions did it
authorize the Classification or lease
/ or sale Of "the public lands, 5"
except these Just enuuerated, ii they
/ Should be termed suC1.
The Latter (ect 1850 provides "for the
sale Of sill the lancs set apart
for the beret. OF the public free schools,
| the University, and the several asylums,
and the lease OF such IanGs and Of the
public lands OF the state etc.
| It nontemplates on the one hand The
sale or lease Of all the LANDS heretofore or
hereafter surveyed .end set apart for me
! public free schools, etc; ard On the Otler
( the lease only Of the puoHc lands Of the
state.
To carry cut tire purposes ard provls-
! ions Of this Law the Commissioner OF the
/ General Land Onlce is expressly vested
with all the power and authority recas-
ssry, and is given full charge and direc-
ZION Of ell matters pert4inirg 70
the sale and lease Of said lands
and their protection from free use
snd occupancy, aud from unlawful en-
closure, with such exceptions and under
such restrictions as axe imposed By it
and the constitution Of the state. Sub
Jet to The approval Of the Governor, he
IS required to adopt such regulations, no.
inconsistent with the constitution or the
set itself, as may he deemed necessary
for carrying into effect the provisions OF
his law, which regulations Can be amend
ed from time 10 time so IS TO protect the
public interest in its operation. Sec
lion ., Id
By the delegation OF this authority the
law makes no distinction in its exercise
between the free school snd other speciel
lands therein named srd the "pu9Iic
lands"
However, two difficulties are e1cour-
t8red at lis threshold, arising gu. Of The
questions:
l. Whist is meant by the"pablic lands"
Of tue state?
2. Ii it should be the lands mentioned
is the sets OF February % and July IA,
1879, appropriated Tor the payment Of
the state deDs, then hOW, by what author
ity, and according 10 what rule are they
to be segregated ard designated with ref
erence TO the other hslt reserved for the
school fUnG?
To the first question it would. perhaps
be sufficient answer TO state thst il the
Legislature intended "publIc lards" 70
be limited TO and mesn the "unappr0-
! priated public domain" then term was
used quite freely and extensively with
out practical meaning, tor that class Of
lard is now only kncwnst3 history IN
Texas, The Lesisla.9f5 has ec0gnized
this fact by express declaration in the
act Of February ,, 1888, p. 10. Hence it
follows that by the L nm "public lands"
used il the land law Of April l, 1887, the
Legislature evidently meant those set
apart for the payment Of the state dtbt
by said acts of February % ard July II
Again, the act CT 1887 fixed the price,
and provides for the sale end lease Of
ell the Asylum, School and University
lands (Secs. and IA, whereas it only
permits the lease C the "pu5liC lands"
(Sec. II J The reason for thi5 distinction
certainly is thut simple provision has
long since been made for the Investment
aud use Of the asy Urn, school and Uni
VersitY fund, while there is no immediate
demand in fact or BIZ law ioT that portion
appropriated for the payment Of the state
debt, except for ''cI2ims of annual inter
est" thereon. Aside from these consid-
eratiOns, the term "puUiiC lands" hiss
been construed and held not TO re re-
str;Cted TO appropriated public do
main, but includes "sch0Ol lands" which
are devoted to the cause Of pu5ic educa-
ton. (Cotulla VS.. Lsxton, 60 Tex, 445.)
L 4